Personal injury protection

From Wikipedia, the free encyclopedia
Jump to: navigation, search

Personal Injury Protection (PIP) is an extension of car insurance available in some U.S. states that covers medical expenses and, in some cases, lost wages and other damages. PIP is sometimes referred to as "no-fault" coverage, because the statutes enacting it are generally known as no-fault laws, and PIP is designed to be paid without regard to "fault," or more properly, legal liability. PIP is also called "no-fault" because, by definition, a claimant's, or insured's, insurance premium should not increase due to a PIP claim.

Auto insurance[edit]

PIP is a mandatory coverage in some states. PIP coverage may vary from state to state in terms of both what is covered and what types of treatments are considered customary and reasonable. For example, in Utah, acupuncture is a permissible medical treatment, while in California it is not.[citation needed] Some states also allow for PIP claims even if a Workers' Compensation claim exists, while others do not.

In some states, PIP is subrogable, meaning that your insurance carrier will pay for your loss, regardless of liability, and then recover (or subrogate) what it paid from the liable party's insurance carrier.[1] This generally leaves the claimant/insured in a much better financial position, because his or her medical bills are paid, and the insurance carriers get to fight it out on their own, and after the fact.

PIP can cover, within the specified dollar and time limits, the medical and funeral expenses of the insured, others in its vehicle at the time of the loss, and pedestrians struck by its vehicle. The basic coverage is for the insured's own injuries, on a first-party basis, without regard to liability. Again, it is only available in certain states.

Many states that do not have PIP have Auto Medical Payments coverage, or AMP, and some states even have both. AMP is also a first party coverage, without regard to liability, but is only subrogable in a few states, and generally optional.

AMP & PIP limits range from $1500.00 to $250,000.00 depending on the injury and the state (A Michigan no-fault policy provides unlimited medical and rehabilitation benefits.[2]). Claimants involved in an auto accident are wise to submit their own insurance information to their medical providers, as third party carriers are under no legal obligation to pay a claimant's medical bills, while first party carriers are.

Third party carriers are subject to payment only after a judgment against them, and any payments prior to that are considered voluntary. Settling a claim with a third party carrier is considered a voluntary payment.

States with mandatory PIP coverage[edit]

  • Arkansas
  • Delaware
  • Florida[3]
  • Hawaii
  • Kansas
  • Kentucky
  • Maryland (unless a waiver is signed at initial purchase of the policy)
  • Massachusetts[4]
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Oregon
  • Pennsylvania
  • Utah
  • Washington (unless a waiver is signed at initial purchase of the policy)
  • Texas (unless a waiver is signed)

Other than auto insurance[edit]

Personal injury protection could also refer to personal injury insurance or coverage, which is insurance in any context which includes coverage for personal injury, particularly coverage for emotional distress (typically negligent infliction of emotional distress rather than intentional infliction of emotional distress), libel, or defamation as opposed to coverage for only bodily injury. Home insurance typically includes coverage for liability arising from bodily injury, especially on an insureds' premises, but not from liability arising from mental injury. Coverage from mental injury can be included and is typically called "personal injury" coverage.[5][6]